Download MARINE CADASTRE

MARINE CADASTRE
General rights and charges under the United Nations Convention on the Law of the Sea
(Unclos) - Patrimonial rights in the different marine zones - Registration of patrimonial
rights
Addendum to original paper of 26 June 2015
European legislation
Contents
1. Directive 2007/2/EC of 14 March 2007 establishing an infrastructure for spatial information in
the European Community – INSPIRE directive (pages 2 & 3 & 4)
2. Integrated Coastal Zone Management – Barcelona 1976 Convention – Madrid 2008 Protocol
2.1. Convention for the protection of the marine environment and the coastal region of the
Mediterranean – Barcelona Convention – 16 February 1976 (page 5)
2.2. Madrid protocol on Integrated Coastal Zone Management in the Mediterranean – 21 Jnauary
2008 – Protocol to the Barcelona 1976 Convention (pages 6 & 7 & 8)
3. Directive 2008/56/EC of 17 June 2008 establishing a framework for community action in
the field of marine environmental policy – Marine Strategy Framework Directive (page 9)
4. Marine Knowledge 2020
4.1. COM(2010)461 – Communication of 8 September 2010 – Marine Knowledge 2020 Marine data and observation for smart and sustainable growth (page 10)
4.2. COM(2012)473 – Green Paper of 29 August 2012 – Marine Knowledge 2020 - From
seabed to ocean forecasting (pages 11 & 12 & 13)
5. Blue Growth / Blue Economy
5.1. COM(2012)494 – Communication of 13 September 2012 – Blue Growth – Opportunities
for marine and maritime sustainable growth (page 14)
5.2. COM(2014)254 – Communication of 8 May 2014 – Innovation in the Blue Economy
(page 15)
5.3. Commission Staff Working Document SWD(2014)149 of 8 May 2014 – roadmap –
accompanying Communication COM(2014)254 of 8 May 2014 – Innovation in the Blue
Economy (pages 16 & 17)
6. Directive 2014/89/EU of 23 July 2014 establishing a framework for maritime spatial
planning (EU Official Journal of 28 August 2014)(page 18)
7. Relevance of EU legal instruments to a future marine cadastre (page 19)
1
1. Directive 2007/2/EC of 14 March 2007 establishing an infrastructure for spatial information in
the European Community – INSPIRE directive
The INSPIRE Directive 2007/2/EC aims at laying down general rules for the establishment of the
„infrastructure for spatial information‟ (inspire) in the EU, for the purposes of environmental
policies and policies or activities that may have an impact on the environment (art.1).
The directive (art.3) uses the following definitions:
- „spatial data‟: any data with a direct or indirect reference to a specific location or
geographical area;
- „spatial data set‟: an identifiable collection of spatial data;
- „spatial data services‟: the operations which may be performed, by invoking a computer
application, on the spatial data contained in spatial data sets or on the related metadata;
- „spatial object‟: an abstract representation of a real world phenomenon related to a specific
location or geographical area;
- „metadata‟: information describing spatial data sets and spatial data services and making it
possible to discover, inventory and use them;
- „interoperability‟: the possibility for spatial data sets to be combined, and for services to
interact, without repetitive manual intervention, in such a way that the result is coherent and
the added value of the data sets and services is enhanced.
The directive stresses the need for adopting „implementing rules laying down technical
arrangements for the interoperability and, where practicable, harmonisation of spatial data sets
and services‟ (art.7).
These implementing rules have to address the following aspects of spatial data:
(a) a common framework for the unique identification of spatial objects, to which identifiers
under national systems can be mapped in order to ensure interoperability between them;
(b) the relationship between spatial objects;
(c) the key attributes and the corresponding multilingual thesauri commonly required for
policies which may have an impact on the environment;
(d) information on the temporal dimension of the data;
(e) updates of the data (art.8, 2).
Pursuant to the directive, member states have to establish and operate a network of the
following services for the spatial data sets and services:
(a) discovery services making it possible to search for spatial data sets and services on the
basis of the content of the corresponding metadata and to display the content of the
metadata;
(b) view services making it possible, as a minimum, to display, navigate, zoom in/out, pan, or
overlay viewable spatial data sets and to display legend information and any relevant
content of metadata;
(c) download services, enabling copies of spatial data sets, or parts of such sets, to be
downloaded and, where practicable, accessed directly;
(d) transformation services, enabling spatial data sets to be transformed with a view to
achieving interoperability;
(e) services allowing spatial data services to be invoked (art.11).
Annexes I and II and III define the special data themes involved:
- annex I: coordinate reference systems, geographical grid systems, geographical names,
administrative units, addresses, cadastral parcels, transport networks, hydrography,
and protected sites;
2
-
annex II: elevation, land cover, orthoimagery, and geology;
annex III: statistical units, buildings, soil, land use, human health and safety, utility
and government services, environmental monitoring facilities, production and
industrial facilities, agricultural and aquaculture facilities, population
distribution/demography, area management/restriction/regulation zones and reporting
units, natural risk zones, atmospheric conditions, meteorological geographical
features, oceanographic geographical features, sea regions, bio-geographical regions,
habitats and biotopes, species distribution, energy resources and mineral resources.
The following definitions may prove useful when it comes to establishing a marine cadastre:
(Annex I)
Addresses: location of properties based on address identifiers, usually by road name, house
number, postal code
Cadastral parcels: areas defined by cadastral registers or equivalent
Hydrography: hydrographic elements, including marine areas and all other water bodies and
items related to them, including river basins and sub-basins - where appropriate, according
to the definitions set out in EU Directive 2000/60/EC of 23 October 2000 establishing a
framework for Community action in the field of water policy and in the form of networks
Protected sites: area designated or managed within a framework of international, community
and member states' legislation to achieve specific conservation objectives
(Annex II)
Elevation: digital elevation models for land, ice and ocean surface; includes terrestrial
elevation, bathymetry and shoreline
Land cover: physical and biological cover of the earth's surface including artificial surfaces,
agricultural areas, forests, (semi-)natural areas, wetlands, water bodies
Orthoimagery: geo-referenced image data of the earth's surface, from either satellite or
airborne sensors
Geology: geology characterised according to composition and structure. Includes bedrock,
aquifers and geomorphology
(Annex III)
Soil: soils and subsoil characterised according to depth, texture, structure and content of
particles and organic material, stoniness, erosion, where appropriate mean slope and
anticipated water storage capacity
Land use: territory characterised according to its current and future planned functional
dimension or socio-economic purpose (e.g. residential, industrial, commercial, agricultural,
forestry, recreational)
Production and industrial facilities: industrial production sites, including installations
covered by Directive 96/61/EC of 24 September 1996 concerning integrated pollution
prevention and control and water abstraction facilities, mining, storage sites
Agricultural and aquaculture facilities: farming equipment and production facilities
(including irrigation systems, greenhouses and stables)
Area management/restriction/regulation zones and reporting units: areas managed, regulated
or used for reporting at international, European, national, regional and local levels; includes
dumping sites, restricted areas around drinking water sources, nitrate-vulnerable zones,
regulated fairways at sea or large inland waters, areas for the dumping of waste, noise
restriction zones, prospecting and mining permit areas, river basin districts, relevant
reporting units and coastal zone management areas
Natural risk zones: vulnerable areas characterised according to natural hazards (all
atmospheric, hydrologic, seismic, volcanic and wildfire phenomena that, because of their
location, severity, and frequency, have the potential to seriously affect society),
3
e.g. floods, landslides and subsidence, avalanches, forest fires, earthquakes, volcanic
eruptions
Oceanographic geographical features: physical conditions of oceans (currents, salinity, wave
heights, etc.)
Sea regions: physical conditions of seas and saline water bodies divided into regions and subregions with common characteristics
Bio-geographical regions: areas of relatively homogeneous ecological conditions with
common characteristics
Habitats and biotopes: geographical areas characterised by specific ecological conditions,
processes, structure, and (life support) functions that physically support the organisms that
live there; includes terrestrial and aquatic areas distinguished by geographical, abiotic and
biotic features, whether entirely natural or semi-natural
Species distribution: geographical distribution of occurrence of animal and plant species
aggregated by grid, region, administrative unit or other analytical unit
Energy resources: energy resources including hydrocarbons, hydropower, bio-energy, solar,
wind, etc., where relevant including depth/height information on the extent of the resource
Mineral resources: mineral resources including metal ores, industrial minerals, etc., where
relevant including depth/height information on the extent of the resource
4
2. Integrated Coastal Zone Management – Barcelona 1976 Convention – Madrid 2008 Protocol
2.1. Convention for the protection of the marine environment and the coastal region of the
Mediterranean – Barcelona Convention – 16 February 1976
The Convention for the protection of the marine environment and the coastal region of the
Mediterranean (the Barcelona Convention) was adopted on 16 February 1976 by the conference
of plenipontentiaries of the coastal states of the Mediterranean Region, held in Barcelona.
The convention entered into force on 12 February 1978.
The convention aims to “prevent, abate, combat and to the fullest possible extent eliminate
pollution of the Mediterranean Sea Area, and to protect and enhance the marine environment in
that area so as to contribute towards its sustainable development” (art.4, 1) and also “promote the
integrated management of the coastal zones, taking into account the protection of areas of
ecological and landscape interest and the rational use of natural resources” (art.4, 3 (e)).
The pollution „to be prevented, abated, combated and eliminated‟ comprises:
- pollution caused by dumping from ships and aircraft or incineration at sea (art.5);
- pollution from ships (art.6);
- pollution resulting from exploration and exploitation of the continental shelf and the
seabed and its subsoil (art.7);
- pollution from land-based sources (art.8);
- pollution resulting from the transboundary movements of hazardous wastes and their
disposal (art.11).
The convention provides for the necessary measures to be taken with a view to:
- protecting and preserving biological diversity (art.10);
- pollution monitoring (art.12)
- promoting and strengthening scientific and technological cooperation (art.13).
The convention designates the UN Evironmental Programme as responsible for carrying out
several secretariat functions (art.17).
The contracting parties may adopt additional protocols to this convention (art.21).
The Madrid Protocol of 21 January 2008 dealt with under # 2.2 hereafter is such an additional
protocol.
5
2.2. Madrid protocol on Integrated Coastal Zone Management in the Mediterranean – 21 Jnauary
2008 – Protocol to the Barcelona 1976 Convention
The Madrid protocol on Integrated Coastal Zone Management in the Mediterranean of 21 January
2008 (hereinafter referred to as „the protocol‟) focuses on establishing „a common framework for
the integrated management of the Mediterranean coastal zone‟ and on taking “the necessary
measures to strengthen regional cooperation‟ (art.1).
For the purposes of the protocol:
-„coastal zone‟ means the geomorphologic area either side of the seashore in which the
interaction between the marine and land parts occurs in the form of complex ecological and
resource systems made up of biotic and abiotic components coexisting and interacting with
human communities and relevant socioeconomic activities; (art.2 (e))
- „integrated coastal zone management‟ means a dynamic process for the sustainable
management and use of coastal zones, taking into account at the same time the fragility of
coastal ecosystems and landscapes, the diversity of activities and uses, their interactions, the
maritime orientation of certain activities and uses and their impact on both the marine and
land parts (art.2 (f)).
The area to which the protocol applies is defined by: (a) the seaward limit of the coastal zone,
which shall be the external limit of the territorial sea of Parties; (b) the landward limit of the
coastal zone, which shall be the limit of the competent coastal units as defined by the Parties.
Parties may establish different limits, it being understood that the seaward limit can, in that
case, only be less than the external limit of the territorial sea (art.3).
According to article 5 of the protocol, an integrated coastal zone management pursues
following objectives:
(a) facilitate, through the rational planning of activities, the sustainable development of
coastal zones by ensuring that the environment and landscapes are taken into account in
harmony with economic, social and cultural development;
(b) preserve coastal zones for the benefit of current and future generations;
(c) ensure the sustainable use of natural resources, particularly with regard to water use;
(d) ensure preservation of the integrity of coastal ecosystems, landscapes and geomorphology;
(e) prevent and/or reduce the effects of natural hazards and in particular of climate change,
which can be induced by natural or human activities;
(f) achieve coherence between public and private initiatives and between all decisions by the
public authorities, at the national, regional and local levels, which affect the use of the coastal
zone.
According to article 6 of the protocol, an integrated coastal zone management should comply
with following principles:
(a) the biological wealth and the natural dynamics and functioning of the intertidal area and
the complementary and interdependent nature of the marine part and the land part forming a
single entity shall be taken particularly into account;
(b) all elements relating to hydrological, geomorphological, climatic, ecological,
socioeconomic and cultural systems shall be taken into account in an integrated manner, so as
not to exceed the carrying capacity of the coastal zone and to prevent the negative effects of
natural disasters and of development;
(c) the ecosystems approach to coastal planning and management shall be applied so as to
ensure the sustainable development of coastal zones;
6
(d) appropriate governance allowing adequate and timely participation in a transparent
decision-making process by local populations and stakeholders in civil society concerned with
coastal zones shall be ensured;
(e) cross-sectorally organised institutional coordination of the various administrative services
and regional and local authorities competent in coastal zones shall be required;
(f) the formulation of land use strategies, plans and programmes covering urban development
and socioeconomic activities, as well as other relevant sectoral policies, shall be required;
(g) the multiplicity and diversity of activities in coastal zones shall be taken into account, and
priority shall be given, where necessary, to public services and activities requiring,
in terms of use and location, the immediate proximity of the sea;
(h) the allocation of uses throughout the entire coastal zone should be balanced, and
unnecessary concentration and urban sprawl should be avoided;
(i) preliminary assessments shall be made of the risks associated with the various human
activities and infrastructure so as to prevent and reduce their negative impact on coastal
zones;
(j) damage to the coastal environment shall be prevented and, where it occurs, appropriate
restoration shall be effected.
Integrated coastal zone management may comprise the adoption of national legal instruments
and measures aiming at ensuring the sustainable use and management of coastal zones and
relating inter alia to:
- the establishment in coastal zones of non aedificandi zones, subject to adaptations for
projects of public interest and for specific housing, urbanisation or development needs (art.8,
2 (a & b));
- the introduction of criteria for sustainable use of the coastal zone, aiming inter alia at :
(a) identifying and delimiting, outside protected areas, open areas in which urban
development and other activities are restricted or, where necessary, prohibited;
(b) limiting the linear extension of urban development and the creation of new transport
infrastructure along the coast;
(c) ensuring that environmental concerns are integrated into the rules for the management and
use of the public maritime domain;
(d) providing for freedom of access by the public to the sea and along the shore;
(e) restricting or, where necessary, prohibiting the movement and parking of land vehicles, as
well as the movement and anchoring of marine vessels, in fragile natural areas on land
or at sea, including beaches and dunes (art.8).
- the development of coastal and maritime economies adapted to the fragile nature of coastal
zones (while regulating and monitory agriculture, industry, fishing, aquaculture, tourism,
sporting and recreational activities, subjecting excavation and extraction of minerals to prior
authorisation, subjecting infrastreuctures, energy facilities, works and structures to
authorisation, and controlling maritime activities);
- the protection of specific coastal ecosystems (wetlands & estuaries & marine habitats &
coastal forests and woods, an dunes)(art.10);
- the protection of coastal landscapes (art.12);
- the protection of islands (art.12);
- the preservation and protection of cultural (in particular archaeological and historical)
heritage (including underwater heritage)(art.13).
The protocol also stresses the need for:
- awareness-raising, training, education and research (art.15);
- monitoring and observation mechanisms and networks (art.16);
7
- defining a common regional framework for integrated coastal zone management in the
Mediterranean (art.17);
- national coastal strategies, plans and programmes (art.18);
- environmental impact assessment studies (art.19);
- adopting appropriate land policy instruments and measures serving the purpose of promoting
integrated coastal zone management, reducing economic pressures and allowing public access
to the sea and along the shore, and including: the process of planning and, mechanisms for
the acquisition, cession, donation or transfer of land to the public domain and for the creation
of easements on properties (art.20);
- adopting relevant economic, financial and/or fiscal instruments to support initiatives
regarding integrated management of coastal zones (art.21).
The protocol also pays attention to the prevention of national hazards (art.22), the prevention
of coastal erosion and the mitigation of the impact of coastal erosion (art.23), to promotion of
international and transboundary cooperation with respect to natural disasters and to training,
research and scientific and technical assistance, exchange of information and activities of
common interest (art.22 to 29).
In my opinion, this convention and protocol boil down to a lot of praiseworthy principles and
intentions regarding sustainable management and use of the Mediterranean coastal zones,
including all or part of the territorial sea of the member states involved.
There are no concrete proposals or initiatives that could be taken into account in sofar as a
future marine cadastre is concerned.
.
8
3. Directive 2008/56/EC of 17 June 2008 establishing a framework for community action in
the field of marine environmental policy – Marine Strategy Framework Directive
This directive is about achieving or maintaining good environmental status in the marine
environment by the year 2020 at least (art.1, 1°), by way of developing and implementing marine
strategies aiming at the protection and preservation of the marine environment and at the
prevention and reduction of pollution of the marine environment (art.1, 2°).
The „marine waters‟ the directive applies to, refer to:
1. the waters, their seabed and subsoil „on the seaward side of the baseline from which the extent
of territorial waters is measured extending to the outmost reach of the area where member states
have and/or exercise jurisdictional rights in accordance with Unclos‟;
2. the coastal waters, meaning „surface water on the landward side of a line, every point of
which is at a distance of one nautical mile on the seaward side from the nearest point of the
baseline from which the breadth of territorial waters is measured, extending where appropriate
up to the outer limit of transitional waters‟, their seabed and their subsoil (art.3, 1° and
Directive 2000/60/EC, art. 2, 7°).
These „marine waters‟ would consist of the waters under the sovereignty and jurisdiction of
the EU coast states, encompassing the territorial sea, the contiguous sea, the exclusive
economic sea and the continental shelf as these marine zones have been defined under Unclos.
The directive mainly focuses on „marine biodiversity‟ and on the establishment of marine
protected areas, including the areas created under the Habitats Directive 92/43/EEC of 21 May
1992 and the Birds Directive 79/409/EEC of 2 April 1979.
9
4. Marine Knowledge 2020
4.1. COM(2010)461 – Communication of 8 September 2010 – Marine Knowledge 2020 Marine data and observation for smart and sustainable growth
According to this communication, the creation of marine knowledge begins with observation
of the sea and oceans. Data from these observations are assembled, then analysed to create
information and knowledge. Subsequently the knowledge can be applied to
deliver smart sustainable growth, to assess the health of the marine ecosystem or
to protect coastal communities.
The Communication focuses on the first two stages of the process chain - i.e. data collection
and assembly – on the basis that public information is fundamentally a public good that can
benefit a wide body of stakeholders whereas applications are more specialist and can be dealt
with either through the market or through targetted policy initiatives.
The communication points out that member states are already collecting a lot of data in
pursuance of existing EU instruments, such as:
- the marine strategy framework directive 2008/56, as referred to under # 3 supra
- the INSPIRE directive 2007/2/EC, as referred to under # 1 supra
- the data collection framework for fisheries regulation 199/2008
- Global monitoring for environment and security initiative (GMES)1
This is a broad programme, covering land and the atmosphere as well as the marine
environment. It aims to deliver services in the environmental and security fields and is
largely focused on measurements from satellites and on products based on these
measurements. Options for the marine core service of GMES are being tested through the
MyOcean project. Products are available for any kind of use, including commercial
(downstream activities) but excluding "uncontrolled redistribution (dissemination, e.g.
broadcasting, web posting)”
- the shared environmental information systems SEIS2 and WISE-marine3 (COM(2008)46)
The objective set by the communication is the integration of marine knowledge via the
creation of a targeted multi-purpose use „operational marine data architecture‟.
A marine cadastre could, obviously, be part of such a marine data architecture, or it could take
advantage of data already available there.
1
Nowadays known as: Copernicus Marine Service – http://marine.copernicus.eu
SEIS= Shared Environmental Information System - http://www.eea.europa.eu/about-us/what/sharedenvironmental-information-system-1
3
WISE = Water Information System for Europe - http://water.europa.eu
2
10
4.2. COM(2012)473 – Green Paper of 29 August 2012 – Marine Knowledge 2020 - From
seabed to ocean forecasting
This green paper deals with a flagship project to prepare a seamless multi-resolution digital
seabed map of European waters by 2020.
According to the communication, this map should be of the highest resolution possible,
covering topography, geology, habitats and ecosystems. It should be accompanied by access
to timely observations and information on the present and past physical, chemical and
biological state of the overlying water column, by associated data on human activities, by
their impact on the sea and by oceanographic forecasts. All this should be easily accessible,
interoperable and free of restrictions on use. It should be nourished by a sustainable process
that progressively improves its fitness for purpose and helps Member states maximise the
potential of their marine observation, sampling and surveying programmes.
There is a huge interest and demand for marine data from:
- the industry (offshore installations designers/contractors/operators, aquaculture operators,
mining companies, investors in ports and tourism, insurance companies, biotechnology
companies etc.),
- the public authorities (fisheries, public health, civil protection, environment, etc),
- marine scientists and researchers (science contributing to industrial innovation and
environmental protection),
- civil society (information furthering the cause of democracy).
The green paper draws the attention to the „European Marine Observation and Data Network‟
(EMODnet) and to the GMES Marine Services4.
About EMODnet:
I quote from the website http://www.emodnet.eu/:
The European Marine Observation and Data Network (EMODnet) is a long term marine data
initiative from the European Commission Directorate-General for Maritime Affairs and
Fisheries (DG MARE) underpinning its Marine Knowledge 2020 strategy. EMODnet is a
consortium of organisations assembling European marine data, data products and metadata
from diverse sources in a uniform way. The main purpose of EMODnet is to unlock
fragmented and hidden marine data resources and to make these available to individuals and
organisations (public and private), and to facilitate investment in sustainable coastal and
offshore activities through improved access to quality-assured, standardised and harmonised
marine data which are interoperable and free of restrictions on use.
The EMODnet data infrastructure is developed through a stepwise approach in three major
phases.
Currently EMODnet is in the 2nd phase of development with seven sub-portals in operation
that provide access to marine data from the following themes: bathymetry, geology, physics,
chemistry, biology, seabed habitats and human activities.
EMODnet development is a dynamic process so new data, products and functionality are
added regularly while portals are continuously improved to make the service more fit for
purpose and user friendly with the help of users and stakeholders.
Phase I (2009-2013) - developed a prototype (so called ur-EMODnet) with coverage of a
limited selection of sea-basins, parameters and data products at low resolution;
Phase II (2013-2016) - aims to move from a prototype to an operational service with full
4
Nowadays known as: Copernicus Marine Service – http://marine.copernicus.eu
11
coverage of all European sea-basins, a wider selection of parameters and medium resolution
data products;
Phase III (2015-2020) - will work towards providing a seamless multi-resolution digital map
of the entire seabed of European waters providing highest resolution possible in areas that
have been surveyed, including topography, geology, habitats and ecosystems; accompanied
by timely information on physical, chemical and biological state of the overlying water
column as well as oceanographic forecasts.
About GMES5 / Copernicus Marine Service
I quote from the green paper #5.3:
(…) GMES is a flagship of European Union space policy. The main objective of its marine
service is to deliver products and services that added-value service providers can build on to
provide services to public and private users. The vision is to ensure that products are
developed from the most advanced technology, satellite observations, computational power
and forecasting capability available in Europe.
Under the GMES programme, a marine service has been progressively developed and
implemented by 60 organisations. This processes and analyses information from in-situ and
space measurements to deliver two classes of information: (1) ocean observations and (2)
monitoring and forecasting. Ocean models are used to deliver three-dimensional past, present
and future ocean states at a global and European sea-basin level for different parameters
such as sea temperature, currents, salinity, sea ice, sea level, wind and biogeochemistry. Until
now, this marine service has been funded through the EU’s research budget. As of 2014,
GMES will enter its full operational phase and should be funded through an operational
budget.
It appears from the website http://marine.copernicus.eu that this GMES programme was tested
in the period from 2009 till March 2015 through the so-called MyOcean projects
(see on line presentation regarding MyOcean2:
http://www.oss2015.eu/phocadownload/Meetings/Pres_MyOcean_OSS2015%20v2%20gnola
n.pdf).
Furthermore, the Green Paper points out that international initiatives to provide global ocean
coverage exist such as: Global Ocean Observing System (GOOS) and Global Earth
Observation System of Systems (GEOSS) and the UN process for global reporting and
assessment of the marine environment.
Finally, the Green Paper stresses the importance of mapping and monitoring the sea, since this
is essential for sustainable economic growth, environmental protection and understanding
climate change.
The outcome of the public consultation about this Green Paper was published on 11
November 2013 (SWD(2013)463. All stakeholders involved agreed on the need for open
access to marine data. The general consensus was that a shared platform for disseminating
fisheries data with other marine data (gathered inter alia through the Copernicus marine
service (former GMES) and EMODNet) should be a long-term goal. The eventual integration
of the different systems should enable seamless mapping of cross-cutting themes over
different timescales. Interoperability of data and implementation of adequate quality control
measures are key to achieving this. The architecture of the current EMODnet – in particular
5
See footnote 4 above
12
the division into seven thematic groups (geology, bathymetry, physics, chemistry, physical
habitats and human activity) – was considered sound.
It may be useful to contact EMODnet and Copernicus Marine Service in the context of the
marine cadastre to be established (see also # 5.3 infra).
It will, of course, be up to the technical cadastre experts who will be in charge of the
establishment of the marine cadastre, to decide whether or not the data available within
EMODnet and Copernicus are needed or useful to be taken into account.
13
5. Blue Growth / Blue Economy
5.1.COM(2012)494 – Communication of 13 September 2012 – Blue Growth – Opportunities
for marine and maritime sustainable growth
According to this communication, the blue economy comprises the following economic
activities:
- coastal tourism
- offshore oil and gas
- deepsea shipping
- short-sea shipping
- yachting and marinas
- passenger ferry services
- cruise tourism
- fisheries
- inland waterway transport
- coastal protection
- offshore wind
- monitoring and surveillance
- blue biotechnology
- desalination
- aggregates mining
- marine aquatic products
- marine mineral mining
- ocean renewable energies.
An analysis of the job-creation potential, as well as the potential for research and development
to deliver technology improvements and innovation and the need for action at EU level, has
suggested that the following five value chains could deliver sustainable growth and jobs in the
blue economy:
- marine energies (offshore wind energy, and other future offshore renewable energy to be
produced by tidal barrage & wave power devices & ocean thermal conversion;
- aquaculture
- maritime, coastal and cruise tourism
- marine mineral resources
- blue biotechnology
14
5.2. COM(2014)254 – Communication of 8 May 2014 – Innovation in the Blue Economy
It follows from this communication that innovation in the blue economy is held back by a lack
of information about the sea, the seabed and the life it supports. Increased knowledge of our
seas will promote growth in the blue economy, through both a better knowledge of the
resources it contains and a better understanding of how these can be used, in tandem with
achieving our environmental objectives.
Accordingly, the Commission has established a sustainable process that aims to
ensure that marine data is easily accessible, interoperable and free of restrictions on use, with
the specific target of developing a multi-resolution map of the entire seabed and overlying
water column of European waters by 20206 as a flagship initiative.
This will be achieved by:
– improving the European Marine Observation and Data Network (EMODnet): data is
now available through a single web portal (http://emodnet.eu/) and a low-resolution
sea-bed map of all EU waters, available by 2016, will be progressively improved in
resolution;
– integrating data systems: three further EU initiatives, the Copernicus Marine
Service (formerly known as GMES), the Data Collection Framework for fisheries and
WISE7-Marine for environmental data will be integrated with EMODnet using
common standards such as INSPIRE and comply with the principles of the Shared
Environmental Information System. Shared research infrastructures such as Euro-Argo
and the European Multidisciplinary Seafloor and Water Column Observatory that are
currently being consolidated under the European Research Infrastructure Consortium
legal framework20 will also contribute data to EMODnet;
– facilitating the ingestion into EMODnet of non-confidential data collected by private
companies, particularly data arising from licensing requirements and environmental
impact assessments;
– encouraging EU research programme consortia to grant open access to marine data,
including through EMODnet;
– developing a mechanism for strategic coordination of observation systems, sampling
programmes and surveying priorities for European sea-basins, through funding from
the European Maritime and Fisheries Fund; this will also contribute to develop the
EU's Arctic policy, for instance by identifying areas where uncertainty in water depth
restricts navigation in newly ice-free waters.
A Staff Working Document (SDW(2014)149) sets out the milestones and timetable for the
Marine Knowledge and seabed mapping processes in more detail (see # 5.3 infra).
According to the conclusion of the communication, the multi-resolution map of the entire
seabed of European waters should be ready by January 2020.
6
Words underlined by the writer of this addendum.
7
WISE = Water Information System for Europe - http://water.europa.eu
15
5.3. Commission Staff Working Document SWD(2014)149 of 8 May 2014 – roadmap –
accompanying Communication COM(2014)254 of 8 May 2014 – Innovation in the Blue
Economy
This Staff Working Document elaborates inter alia on the European Marine Observation Data
Netwotk (EMODnet)(see # 2. Strengthening the European Marine Observation and Data
Network).
Following extracts from his document may be of interest in the context of a marine cadastre.
The basic principle of the European Marine Observation and Data Network
(EMODnet) is that marine data should be maintained by organisations that collect or
own the data but accessed in a common way. This means that a user would be able to
search for, visualise and retrieve all the measurements concerning a specific parameter
within a certain time and space window with one single command wherever the data
are stored. In order to maximise innovation and minimise bureaucracy marine data
should be free of charge and free of restrictions on use.
(…)
EMODnet is divided into seven thematic groups: geology; bathymetry, physical habitats,
physics, chemistry, biology and human activity. Each thematic group is a partnership of
organisations that have the necessary skills and access to data to standardise the presentation
of data and create data products. For instance the partners of the thematic group for geology
are bodies responsible for geological surveys in EU coastal states as well as a number of
neighbouring states.
(…)
At present 114 organisations are participating; some in more than one thematic group. These
groups were selected through open calls for tender and their contracts run until 2016. After
this time it is intended that a further round of open tenders will take place, which will allow
the continuation of EMODnet till 2020.
(…)
The thematic groups started in autumn 2013 on a three year work programme.
Therefore new calls for tender will be launched in 2015 and 2016.
(...)
2.3.1. Seabed mapping – bathymetry and geology
By the end of 2014 the thematic groups for bathymetry and geology will have prepared the
first version of a digital seabed map of Europe based on these themes. Although, it will not
cover all sea-basins, all the map layers will be available through a single entry portal. It will
have a low resolution but still be of a higher resolution than anything that has been produced
before over entire sea-basins. By the end of 2015 all EU sea-basins will be covered. 2016 will
then be devoted to maintenance. Throughout this period the partners will be incorporating
new data.
For the next phase of EMODnet, the aim will be to move from a low-resolution mapping to
one where the resolution is as high as the underlying data allows. For instance multibeam
surveys can deliver digital terrain models with a resolution of metres, compared to
approximately 250 metres resolution for the current second phase of EMODnet.
2.3.2. Seabed mapping – physical habitats
The first phase of EMODnet developed predictive seabed habitat maps which covered
nearly half of Europe's seas. The physical habitat group are following this up with a
16
mapping of all European seas. A new version, using the latest available EUNIS8 habitat
classification and taking into account parameters such as depth, salinity, temperature,
substratum type and turbidity, will be ready by the end of 2015. It can indicate, for
instance, the possible geographic distribution of seabed communities. This can then be
compared with the actual range.
During the current phase the group will endeavour to automate the process of
classification once new data, for instance on marine sediments, become available and
will assess where the outputs of the thematic groups for bathymetry, geology and
physics and the marine service for Copernicus would allow an increased resolution of
50 or 100 metres.
The third phase of the project from 2017 onwards will place increased emphasis on the
ecologically crucial coastal area with a view to mapping shallow inshore waters. By
focusing efforts on this coastal strip and working in parallel with the major Corine11
Land Cover update, coordinated with the Copernicus land service that will include
additional information on the coastal areas, a seamless land-to-sea map will be
produced.
At the same time, a number of ongoing research and survey projects are collecting
information on biologically-defined habitats, such as Posidonia seagrass beds in the
Mediterranean. In this third phase of the project, the group will begin to include these.
(…)
2.3.6. Human activities
The group will aim to map activities or installations that could have an impact on other
users of the sea or on the marine environment or that could themselves be disturbed.
This will include, for instance, energy installations, aquaculture farms, shipping traffic
and underwater archaeological sites. Such information could be used to inform the
development of marine strategies under the Marine Strategy Framework Directive. A
number of bodies already manage databases for some of these activities and, where
possible, the group will tap into these efforts so that any new versions of these
databases are automatically available through EMODnet. Data from existing maritime
information on maritime activity and hazards systems such as SafeSeaNet14 will be
aggregated so as to identify areas of risk.
This thematic group started work for the first time in autumn 2013 so there is less
knowledge of the challenges and opportunities than for the other groups. It is therefore
premature to set out plans for the groups’ activities beyond the end of the current
contractual mandate in 2016. Analysis the report of the first year’s work which will be
delivered in autumn 2014 should help determine appropriate objectives.
The Staff Working Document also focuses on the „Copernicus marine service‟, which is a
follow-up to the MyOcean projects related to the marine services of GMES (Global
monitoring for environment and security initiative – referred to under # 4.1 & 4.2 & 5.2
supra of my paper).
COPERNICUS MARINE SERVICE
The Commission proposal for a Copernicus Regulation envisages the evolution of
finite-duration research projects and experimental satellite missions into a sustainable
operational programme. The space component consists of a set of “Sentinel” satellites to be
launched during the 2014-2020 period. A significant number of the instruments on board
these satellites have been specifically designed for monitoring the ocean.
8
EUNIS: Europa Nature Information System – http://eunis.eea.europa.eu
17
6. Directive 2014/89/EU of 23 July 2014 establishing a framework for maritime spatial
planning (EU Official Journal of 28 August 2014)
The framework for maritime spatial planning established by this directive aims at promoting
the sustainable growth of maritime economies, the sustainable development of marine areas
and the sustainable use of marine resources (art.1, 1°).
The framework shall provide for the establishment and implementation by Member states of
maritime spatial planning, with the aim of contributing to following objectives:
1. the promotion of sustainable development and growth in the maritime sector, by means of
an ecosystem- based approach economic and with regard to social and environmental aspects
and the promotion of the coexistence of relevant activities and uses;
2. the promotion of the sustainable development of energy sectors at sea, of maritime
transport, and of the fisheries and aquaculture sectors, and to the preservation, protection and
improvement of the environment, including resilience to climate change impacts; and other
objectives, such as the promotion of sustainable tourism and the sustainable extraction of raw
materials, thereby taking into account land-sea interactions and enhanced cross-border
cooperation, in accordance with relevant Unclos provisions (art.1, 2° & art.5).
The directive applies to the „marine waters‟ as defined by directive 2008/56/EC referred to
under # 1 of this addendum.
„Maritime spatial planning‟ means a process by which the relevant Member states analyse
and organise human activities in marine areas to achieve ecological, economic and social
objectives (art.3, 2°).
The maritime spatial plans to be set up shall identify the spatial and temporal distribution of
relevant existing and future activities and uses in their marine waters (art.8, 1°).
These maritime spatial plans shall take into account relevant interactions of activities and
uses. Possible activities and uses and interests may include: aquaculture areas, fishing areas,
installations and infrastructures for the exploration, exploitation and extraction of oil, of gas
and other energy resources, of minerals and aggregates, and for the production of energy from
renewable sources, maritime transport routes and traffic flows, military training areas,
nature and species conservation sites and protected areas, raw material extraction areas,
scientific research, submarine cable and pipeline routes, tourism, and underwater cultural
heritage (art.8, 2°).
As regards Belgium, a maritime spatial plan for the Belgian part of the North Sea has already
been established by royal decree of 20 March 2014 (Belgian official journal of 27 March 2014
and 13 July 2015).
In my opinion, the directive as such does not apply to the establishment of a marine cadastre,
but it contains, of course, valuable general considerations that could influence the overall layout and conception of a marine cadastre.
18
7. Relevance of EU legal instruments with regard to a future marine cadastre
To summarize, my assessment of the legal instruments analysed under # 1 through to # 6,
would be as follows:
- INSPIRE directive (#1): the general principles, techniques and terminology may be
put to good use when it comes to establishing a marine cadastre;
- Integrated Coastal Zone Mangement - Barcelona Convention & Madrid protocol (#2):
I repeat what I wrote at the end of my analysis:
In my opinion, this convention and protocol boil down to a lot of praiseworthy
principles and intentions regarding sustainable management and use of the
Mediterranean coastal zones, including all or part of the territorial sea of the member
states involved.
There are no concrete proposals or initiatives that could be taken into account in
sofar as a future marine cadastre is concerned.
- Marine Strategy Framework Directive (#3): is, in my opinion, not directly relevant or
applicable to the establishment of a marine cadastre;
- Marine Knowledge (#4):
I repeat what I wrote at the end of my analysis:
It may be useful to contact EMODnet and Copernicus Marine Service in the context of
the marine cadastre to be established.
It will, of course, be up to the technical cadastre experts who will be in charge of the
establishment of the marine cadastre, to decide whether or not the data available
within EMODnet and Copernicus are needed or useful to be taken into account.
- Blue growth / blue economy (# 5): same advice as the one I gave with respect to
„Marine Knowledge (#4);
- Framework for maritime spatial planning (# 6):
I repeat what I wrote at the end of my analysis:
In my opinion, the directive as such does not apply to the establishment of a marine
cadastre, but it contains, of course, valuable general considerations that could
influence the overall lay-out and conception of a marine cadastre.
Antwerp, 6 August 2015
G. De Latte
Belgian Ship mortgage registrar
Secretary of the Belgian Royal Federation of Mortgage Registrars
Special ELRA representative for marine cadastre
19